Terms and Conditions (Golf)

We hereby inform you that the website www.islacanela.com/golf (hereinafter the ‘Website’) is the property of ISLA CANELA S.A., with Tax Identification Code A-780795852 and address at Glorieta de Caminos 6 y 7, 4th floor, 28020 Madrid (Spain) (hereinafter ‘Isla Canela Golf’).

These Terms and Conditions regulate the use of the website and the products and services of Isla Canela Golf’s own and/or third party collaborators (hereinafter the ‘Services’).

The User/Customer enters into a service contract (hereinafter the ‘Contract’) with Isla Canela Golf.

The User/Customer can contact Isla Canela Golf by telephone on +34 959477878 or by e-mail at golf@islacanela.es.

1.- Conditions of the Services:

Due to the nature, content and purpose of the Website, by accepting these Terms and Conditions, the User/Customer expressly accepts full and unreserved adherence to the aforementioned Terms and Conditions, as well as to the Specific Conditions governing the use of the services contracted, and any subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations. The Terms and Conditions in force shall be those published on the Website at the time of contracting, so that they may be known by the Users/Clients.

Likewise, the User/Customer declares that he/she has the legal capacity to contract the services offered on the Website.

Isla Canela Golf reserves the right to modify these Terms and Conditions at any time and without prior notice, by publishing these modifications on the Website so that Users/Customers are aware of them. It is understood that the duty to notify Users/Customers has been fulfilled with their publication on the Website. Isla Canela Golf therefore recommends that Users/Customers read the terms and conditions carefully each time they access the Website.

In order to access the Services offered on the Website, Users/Customers are obliged to read the Terms and Conditions each time they access the Website, assuming that the corresponding conditions in force at the time of access shall apply to them.

The Terms and Conditions constitute the legal framework within which the contractual relations between the User/Client and Isla Canela Golf take place, and may therefore be printed, consulted or requested at Isla Canela Golf’s facilities, and any clarification of their content may also be requested by calling +34 959477878 or by e-mailing golf@islacanela.es.

2.- Contracting procedure:

Access to the Services requires prior registration by all Users, who, once they have accepted the Terms and Conditions, will be considered Clients.

The information provided in the Services does not represent an offer, it is merely an invitation to the Client to purchase Isla Canela Golf Services.

Acceptance of the Isla Canela Golf offer selected by the Client will occur when the Client completes all the steps in the procedure for contracting Services on the Website, which implies full and express acceptance of the Terms and Conditions.

In order to contract the Services, the Client must register as a Client by creating an account and filling in the requested fields (name, surname, e-mail address and password). The use of the password is personal and non-transferable, and it may not be transferred, even temporarily, to third parties. In this regard, the Client undertakes to make diligent use of the password and to keep it secret, assuming all responsibility for the consequences of its disclosure to third parties. In the event that the Client knows or suspects the use of his/her password by third parties, he/she must change it immediately, in the manner described on the Website.

By accepting the contract, the Client expressly accepts both the general rules of play required by the Royal Spanish Golf Federation and the specific rules determined by the golf course where the Client purchases the green fee. In this way the Client undertakes to use the Services in a diligent, correct and lawful manner.  Otherwise, the Client shall be liable for all damages of any kind that Isla Canela Golf may suffer, on the occasion of or as a consequence of non-compliance with any of the aforementioned rules.

Isla Canela Golf shall at all times ensure that the current legal system is respected, and shall be entitled to interrupt, at its sole discretion, the Service or exclude the Client from the Website in the event of the alleged commission, whether complete or incomplete, of any of the crimes or offences defined by the current Criminal Code, or in the event of any conduct which, in the opinion of Isla Canela Golf, is contrary to these Terms and Conditions, the Law, the rules established by Isla Canela Golf or its collaborators, or which may disrupt the proper functioning, image, credibility and/or prestige of Isla Canela Golf or its collaborators.

Golf services:

When contracting services, special attention must be paid to the federation regulations governing this sport, and in particular the following issues:

– Golf Federation Licence: in order to play golf on the course, it is necessary to obtain the required federation licence issued by the Royal Spanish Golf Federation (Telephone: 91 555 26 82 and 91 376 91 30, Fax: 91 556 32 90, e-mail: 91 556 32 90).

e-mail: rfegolf@rfegolf.es, which includes civil liability insurance in case of accidents during the practice of this sport. The reservation of green fees to play the course implies the express declaration by the user that he/she is aware of the federative regulations and that he/she has the required licence.

– Handicap: some golf courses may require a minimum handicap from the player, which must be accredited at the time of booking, as well as at the course itself.

– Green fees: the green fee prices for the tournament published on the website may be subject to change in the event of a change in the rates in force on the date of issue of the green fee by the Golf Course. Cancellation of the green fee contracted by the user with less than 48 hours’ notice will incur a charge of 100% of the cost, unless refunded by the Golf Course; in the event of no-show at the course on the scheduled day and time, the user will not be entitled to any refund. If the agreed services cannot be provided due to force majeure (adverse weather conditions, closure of the course, repairs, etc.), the full amount of the service will be refunded upon accreditation of such circumstances.

3.-Price and method of payment:

The conditions and rates of the Services are those appearing on the Website at the time of contracting them. Isla Canela Golf may freely modify the rates without prior notice by publishing them on the website. These rates shall include VAT or the tax which, where applicable, replaces it, at the rate established in each case by current legislation.

Under no circumstances will the Website automatically add additional costs to the price of a service.

Debit and credit cards, as accepted methods of payment, shall be subject to checks and authorisations by the bank issuing them. If said bank does not authorise payment, Isla Canela Golf shall not accept any liability for possible delays in payment.

The transaction will be completed when the bank associated with the credit card provided by the Customer authorises the payment. At this point, a confirmation page of the booking will appear which can be printed as proof of payment.

The Client must ensure the accuracy and adequacy of the data provided or entered in the contract before processing it, as no changes or refunds of these services will be accepted once the contract has been completed. Making a mistake when contracting the service, not being able to attend the golf course on the day and time booked, as well as any weather incident, are not grounds for changing the service or refunding the amount paid.

Only technical or operational incidents attributable to Isla Canela Golf that prevent the provision of the contracted services will result in the cancellation, change or refund of the amount paid.

4.-Complaints and Claims:

For possible complaints or requests for clarification related to these Terms and Conditions, the Client may contact the following email address golf@islacanela.es or telephone +34 959477878.

In addition, the Client has all the complaint forms available to the User/Client, which may be requested at any time through the contact details that appear at the beginning of these Terms and Conditions.

5.- Intellectual and Industrial Property Rights:

All the contents of the Website, such as texts, graphics, photographs, logos, logos, icons, images, as well as the graphic design, source code and software, are the exclusive property of Isla Canela Golf or of third parties, whose rights in this respect it legitimately holds, and are protected by national and international legislation.

The use of all elements subject to industrial and intellectual property for commercial purposes, as well as their distribution, modification or alteration, is strictly forbidden.

Infringement of any of the aforementioned rights may constitute a violation of these provisions, as well as an offence punishable under articles 270 and following of the Penal Code.

6.-Disclaimer of Liability:

Unless otherwise provided by law, Isla Canela Golf accepts no liability for the truthfulness, accuracy and quality of the Website or the services, including the information and materials.

Likewise, it also limits its liability in the following cases:

– Technical failures that due to fortuitous or other causes, prevent the normal functioning of the service through the Internet.

– Lack of availability of the Website for reasons of maintenance, security, control or other causes, which prevent the availability of the Services.

– Interruptions to the Services, delays, errors, malfunctions or other causes and/or due to wilful or negligent action on the part of the Client and/or due to acts of God or force majeure. Without prejudice to the provisions of article 1105 of the Civil Code, the concept of force majeure shall also be understood to include, for the purposes of the Terms and Conditions, all events beyond the control of Isla Canela Golf such as: failure of third parties, operators or service companies, acts of government, lack of access to third party networks, acts or omissions of the public authorities, those produced as a result of natural phenomena, blackouts, and attacks by hackers or third parties specialising in the security or integrity of the computer system, Isla Canela Golf having adopted reasonable security measures.

– Improper use by the Client of the Services and/or Website or their passwords, infringing the intellectual or industrial property rights or any other rights of third parties.

– Whatever the cause, Isla Canela Golf shall not assume any liability whatsoever for direct or indirect damages, consequential damage and/or loss of profit.

– Isla Canela Golf makes every effort to carry out the process of purchasing the Services; however, it is exempt from liability for causes that are not attributable to it, acts of God or force majeure. In these cases, the obligations shall be suspended for the period during which the cause of force majeure continues, and Isla Canela Golf shall have an extension of the deadline to fulfil them for a period of time equal to the duration of the cause of force majeure. Isla Canela Golf will use all reasonable means to find a solution that will allow us to fulfil our obligations despite the force majeure.

7.- Privacy and Personal Data Protection.

In accordance with the provisions of the General Data Protection Regulation (Regulation (EU) 2016/679 of 27 April 2016), and Organic Law 3/2018 of 5 December, on the Protection of Personal Data and guarantee of digital rights, ISLA CANELA S.A, with N.I.F, A-78079852. Glorieta de Cuatro Caminos 6 y 7, 28020 Madrid, telephone 915140300 as Data Controller, informs the Client that their data may be used to (i) Manage the contracted business relationship and the fulfilment of legal and contractual obligations (ii) Send them commercial information by any means, including electronic means, about their own products and services, as well as Christmas greetings or similar.

The legal basis for the processing of your data is both the fulfilment of the contractual relationship, according to the agreed terms and conditions, as well as legitimate interest and consent.

Your personal data will be kept as long as you do not revoke your consent, in which case the data will be deleted. In all other cases, the data will be kept for the legally stipulated periods or for the period of time that a judge or court may require them to be kept in accordance with the statute of limitations for legal actions.

The right to erasure is subject to the limits provided for in the Law. In this sense, the data will be blocked at the exclusive disposal of the Court, the Public Prosecutor’s Office or other competent Public Administrations and in particular of the data protection authorities, for the demand of possible responsibilities derived from the processing or the fulfilment of a legal obligation for the period of prescription of these.

For the management and fulfilment of the contract and to keep you informed of the different events and services, it is foreseen to carry out data communications to the entities of the same group that are listed, by way of example and without limitation, on the Website.

It is also foreseen to carry out data communications for the purpose of fulfilling the contract in relation to its accounting, fiscal and administrative management, to the following entities: Public Administrations and Tax Authorities, Banks and Financial Entities, Security Forces and Bodies, any other third party that may be necessary for the fulfilment of the contract and the current legislation.

There are no plans to transfer data to third countries outside the European Union.

Exercise of rights: if you wish to exercise your rights of access, rectification, suppression, portability of your data, as well as the limitation or opposition to its processing, please send a letter to ISLA CANELA S.A., to the address indicated above, or to the e-mail address of the Data Protection Delegate, privacidad@pryconsa.es, with the reference Data Protection Potential Customers.

Right to withdraw consent: you may at any time revoke the consent given for the processing of your data by writing to ISLA CANELA S.A. at the address indicated above, or to the email address of the Data Protection Delegate privacidad@pryconsa.es, with the reference Customer Data Protection, without this revocation of consent affecting the processing based on the consent prior to its withdrawal.

Complaints: In any case, you may, if you understand that your rights have been infringed, contact or lodge a complaint with our Data Protection Delegate or, where appropriate, with the Spanish Data Protection Agency (www.aepd.es).

8.- Applicable legislation and conflict resolution:

These Terms and Conditions are subject, among others, to the following regulations:

– Law 7/1998, of 13 April, on General Contracting Conditions.

– Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.

– Law 34/2002, of 11 July, on Information Society Services and E-Commerce

– Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data

– Organic Law 3/2018 of 5 December 2018 on the protection of personal data and guarantee of digital rights.

In the event of any type of discrepancy or claim between the parties in relation to the fulfilment or content of these Terms and Conditions, the parties submit to the Courts and Tribunals of the city of Ayamonte.